David T. Fischer

Cause of Action Institute (Arlington)
Senior Counsel

David Fischer is senior counsel at Cause of Action Institute. Before he was senior counsel at Grant & Eisenhofer. He has spent over a decade representing plaintiffs and defendants in complex litigation and antitrust litigation. Mr. Fischer’s complex litigation practice has involved federal and state civil, criminal and administrative fraud investigations and litigation. He has been involved in numerous cases involving multi-million dollar recoveries in False Claim Act actions. Mr. Fischer represented the lead whistleblowers in a qui tam action under the False Claims Act alleging fraud by Merck-Medco, a national pharmacy benefit management company ("PBM"), related to services performed for federal health plans. The government intervened in the case, which was litigated aggressively for several years, and which settled for approximately $185 million just prior to summary judgment/trial. Mr. Fischer is also an experienced antitrust litigation attorney, has been counsel in two antitrust trials and has defended companies facing Federal Trade Commission (FTC) merger investigations. In 2005, he helped obtain a multi-million jury verdict on behalf of Health Care Service Corporation (HCSC) in the first indirect-purchaser antitrust case to proceed to trial (Federal Court, District of Columbia). That lawsuit stemmed from a generic pharmaceutical company’s anticompetitive conduct in the markets for lorazepam (generic equivalent of Ativan®) and clorazepate (generic equivalent of Tranxene®). After HCSC opted out of an underlying class settlement, and after several additional years of litigation, the case was tried to verdict in a month-long jury trial. Following verdict, the damages award for Plaintiffs was trebled and enhanced by the Court to nearly $80 million.


435 Bulletin

David T. Fischer, Donald M. Barnes The US Supreme Court sets aside Dr. Miles rule on resale price maintenance agreements as per se illegal replacing it with the rule of reason standard (Leegin Creative)


Dr. Miles : Will the Supreme Court Find a Cure ?* On December 7, 2006, the U.S. Supreme Court agreed to hear Leegin Creative Leather Products, Inc. v. PSKS, Inc.,which presents the Court with an opportunity to address the per se minimum resale price rule established almost a century ago in Dr. (...)

7421 Revue

Ana Barros Feiteira, Angie Ng, Benoît Merkt, Camilla Jain Holtse, Christian Hagerman, Christian Nielsen, David T. Fischer, Dieter Hauck, Graeme Edgerton, Iñigo Igartua Arregui, Kiri Tahana, Lesley Farrell, Martijn Snoep, Martin Klusmann, Massimo Merola, Michael Reiss, Nathalie Jalabert-Doury, Nathan Muyskens, Nick Taylor, Rayan Houdrouge, Sara Lembo, Serge Bourque, Shreeya Smith, Suzanne Kingston, Teresa Lorca Morales, Tommy Pettersson Digital evidence searches in competition investigations : Best Practices for effective fundamental rights (Results of an international survey among defense lawyers)


An international survey among defense lawyers was lauched under the aegis of Concurrences in order to compare the protections that have been implemented in 15 different jurisdictions to address issues of fundamental rights arising in the frame of digital investigations. A first set of Best (...)

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